City Hall and Court House

15 West Kellogg Boulevard

Council Chambers - 3rd

Floor

City of Saint Paul

651-266-8560

Meeting Minutes - Action Only

City Council

Council President Amy Brendmoen

Councilmember Russel Balenger

Councilmember Mitra Jalali

Councilmember Rebecca Noecker

Councilmember Jane L. Prince

Councilmember Chris Tolbert

Councilmember Nelsie Yang

Wednesday, August 2, 2023

ROLL CALL

3:30 PM

Council Chambers - 3rd Floor

Meeting started at 3:30 PM

5 -

Present

Councilmember Amy Brendmoen, Councilmember Chris Tolbert,

Councilmember Jane L. Prince, Councilmember Mitra Jalali and

Councilmember Russel Balenger

2 - Councilmember Rebecca Noecker and Councilmember Nelsie Yang

Absent

COMMUNICATIONS & RECEIVE/FILE

Letter from the Department of Safety and Inspections declaring 594 Brunson

Street a nuisance property. (For notification purposes only; public hearings will

be scheduled at a later date if necessary.)

CO 23-38

Received and Filed

Amending the 2023 Human Resources budget to utilize salary savings to pay

for professional service expenses related to labor relations in the amount of

$56,161.

AO 23-78

Received and Filed

CONSENT AGENDA

Items listed under the Consent Agenda will be enacted by one motion with no separate

discussion. If discussion on an item is desired, the item will be removed from the

Consent Agenda for separate consideration.

Approval of the Consent Agenda

Councilmember Balenger moved approval.

Consent Agenda adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Changing the rate of pay for the classification of Public Works Field

Superintendent (formerly Public Works Field Supervisor). (to be laid over one

week for adoption)

RES 23-1113

RES 23-1114

Laid over to August 9, 2023

Approving the Labor Agreement (January 1, 2023 - December 31, 2025) and

Memorandum of Agreement between the City of Saint Paul and the District

Lodge No. 77, International Association of Machinists and Aerospace Workers

AFL-CIO.

Laid over to August 9, 2023

Approving the Entertainment (A), Liquor On Sale-101-180 seats, Liquor On

Sale - Sunday and Liquor-Outdoor Service Area (Patio) licenses for Crasqui

Restaurant, LLC d/b/a Crasqui Restaurant (License ID 20230000754) for the

premises located at 84 Wabasha Street South, Ste. 3.

RES 23-1131

Adopted

Approving the agreement with Lime (Neutron Holdings, Inc. dba Lime) to

provide e-bicycle sharing services for the 2023 shared mobility season.

RES 23-1134

RES 23-1138

Adopted

Accepting the gift of travel expenses from the Cities for Financial

Empowerment Fund for Assistant City Attorney, Edmundo D. Lijo to attend the

National Convening on Local Consumer Financial Protection in Washington,

D.C. on June 22, 2023.

Adopted

Approving the addition of a Liquor-Outdoor Service Area (Sidewalk) license to

the existing Liquor On Sale 101-180 Seats and Liquor On Sale - Sunday

licenses held by Eclectic Culinary Concepts, Inc. d/b/a Pajarito (License ID

20160002945) for the premises located at 605 7th Street West.

RES 23-1139

RES 23-1140

Adopted

Accepting the gift of travel, lodging, and conference registration expenses

from Local Progress for Councilmember Nelsie Yang to attend the 2023 Local

Progress National Convening.

Adopted

Naming the private streets (Rivoli Drive and Rivoli Circle) in the Rivoli Village

development.

RES 23-1142

RES 23-1150

Adopted

Approving the Memorandum of Agreement between the City and the Saint

Paul Supervisors Organization for the purpose of establishing funding of

uniforms for Parks Department - Como Campus employees.

Laid over to August 9, 2023

Approving the Mayor’s appointment of Leonard Thomas and reappointment of

Kevin Lindsey to the Public Housing Agency (PHA).

RES 23-1158

RES 23-1110

Adopted

Changing the rate of pay for Parks Services Lead (formerly titled Refectory

Supervisor).

Adopted

FOR DISCUSSION

Directing the Department of Safety and Inspections as to how to proceed with

the request of Licensee, Majid Nitaishoon, doing business as MJ Market, to

surrender the Tobacco Shop License (License ID # 20210001131), for the

premises located at 922 Thomas Avenue West. (Licensee's attorney will

speak on behalf of the licensee and Licensee may wish to address the City

Council) (Laid over from July 19, 2023)

RES 23-1040

Councilmember Balenger moved to revoke the license.

Adopted as amended (license revoked)

5 -

Yea:

Nay:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

2 - Councilmember Noecker and Councilmember Yang

Absent:

ORDINANCES

An ordinance is a city law enacted by the City Council. It is read at three separate

council meetings and becomes effective after passage by the Council and 30 days

after publication in the Saint Paul Pioneer Press. Public hearings on ordinances are

generally held at the second reading.

Final Adoption

Granting the application of NP328 LLC to rezone the property at 898 Raymond

Avenue from RM2 multiple-family residential to T2 traditional neighborhood

and amending Chapter 60 of the Legislative Code pertaining to the zoning

map.

Ord 23-35

Councilmember Jalali moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

SUSPENSION ITEM

Update on Minnesota House File 100 regarding cannabis.

SR 23-175

Erik Peterson from the Mayor's Office gave a staff report and answered

Councilmember questions alongside Alex Hassel from the League of Minnesota Cities.

Received and Filed

PUBLIC HEARINGS

Live testimony is limited to two minutes for each person. See below for optional ways

to testify.

Granting the application of 897 LLC to rezone the property at 897 Saint Paul

Avenue from OS Office-Service to T2 Traditional Neighborhood and amending

Chapter 60 of the Legislative Code pertaining to the zoning map.

Ord 23-39

Councilmember Tolbert moved to close the public hearing.

Laid over to August 9, 2023 for Final Adoption

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Approving the petition of John Dochniak to vacate a public walkway between

825 and 827 Iroquois Avenue.

RES PH 23-198

Councilmember Prince moved approval of Version 2.

Adopted as amended

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Approving the application of Irish Fair of Minnesota for a sound level variance

in order to present amplified sound on August 11, 2023, August 12, 2023, and

August 13, 2023 at 200 Justus Ohage Boulevard - Harriet Island Regional

Park.

RES PH 23-199

Councilmember Prince moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Amending the financing and spending plans in the Department of Emergency

Management budget in the amount of $238,536 for the 2022 Emergency

Management Performance American Rescue Plan Act Grant (EMPG ARPA)

to provide assistance for Emergency Management software.

RES PH 23-200

Councilmember Tolbert moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Approving the application of One Simple Plan LLC for a sound level variance

in order to present amplified sound on August 12, 2023 at the Minnesota State

Capitol Grounds - 75 Rev Dr Martin Luther King Jr Blvd.

RES PH 23-202

RES PH 23-203

RES PH 23-204

Councilmember Balenger moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Approving the application of Anderson Race Management for a sound level

variance in order to present amplified sound on August 19, 2023 at Phalen

Park Picnic Pavilion Patio - 1600 Phalen Drive.

Councilmember Prince moved approval.

Adopted

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Approving the application of ELS Construction, Inc. for a sound level variance

in order to complete construction debris removal on August 11-12, 2023 at

2277 Ford Parkway - Petco.

Councilmember Tolbert moved denial.

Resolution failed

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

LEGISLATIVE HEARING DISCUSSION ITEMS

Ordering the rehabilitation or razing and removal of the structures at 901

RLH RR 23-7

FULLER AVENUE within fifteen (15) days after the March 22, 2023, City

Council Public Hearing. (Amend to remove only)

Referred to Legislative Hearings August 8. Attorney committed to posting performance

deposit and has found a representative of the estate. Moermond committed to adding

language stating that the performance deposit will be returned in the event that the

property is rehabilitated in the form of demolition.

Marcia Moermond, Legislative Hearing Officer: My recommendation coming into today's

meeting was to order the building removed, with no option for its rehabilitation, as no

performance deposit has been posted and no code compliance inspection has been

applied for. I have been meeting with the attorney representing the mortgage company,

and am asking now for this to be referred to Legislative Hearings next Tuesday. She

has committed to post the performance deposit. I have committed to add a clause to

the resolution which confirms the Department of Safety and Inspections policy to return

the performance deposit in the event that the owner pursues demolition and that it's

deemed that the property is rehabilitated. The attorney has today identified a

representative of the estate. We have been working on this for 6 months, and that had

not yet happened. That is great for her company as well as the City.

Council President Brendmoen: Is the attorney here to testify?

Moermond: She is here to answer questions if need be.

Brendmoen: No questions. Just wanted to check.

Councilmember Balenger moved to refer to Legislative Hearings on August 8.

Referred to August 8, 2023 Legislative Hearing

Ordering the rehabilitation or razing and removal of the structures at 792

ROSE AVENUE EAST within fifteen (15) days after the August 2, 2023, City

Council Public Hearing.

RLH RR 23-32

Laid over for one week to review structural engineering report and potential code

compliance report.

Also in attendance:

Kristina Kaluza, Attorney for the property owner

Hanna Getachew-Kreusser, Executive Director of Face 2 Face Health and Counseling

Darius Husain, Program Director of Face 2 Face Academy

Marcia Moermond, Legislative Hearing Officer: This is one of the worst nuisance

properties I have seen in a while. It has significant neighbor, police, and code

enforcement issues. It has been broken into and squatted in. During the first

Legislative Hearing at the end of June, the Vacant Building Supervisor stated concerns

about break-ins into the garage by homeless people and that it was an urgent

problem. The following day there was an explosion and the garage burned down. No

one was hurt. The neighboring garage and some trees were damaged and ordered

removed. Wires needed to be dealt with by Xcel Energy. The house has structural

problems in the basement, such as significant cracks in the wall. To refer this back to

Legislative Hearing, I would ask that a performance deposit be posted, a code

compliance inspection be requested, and require a structural engineering analysis.

During the first hearing, the attorney said that one was anticipated within the next two

weeks, which would have been two weeks ago. I got it in my email this morning and will

share it with the City's structural engineer. I'm not 100% confident in it. If the cover

letter is addressed to the wrong person, you don't necessarily trust the facts that

follow. This particular report speaks to the City of Arden Hills, so that does not make

me feel confident about the attention to detail that one looks for from an engineer.

That said, all 3 things have been done by the owner. I did not commit to make a

recommendation one way or another, based on those things being done. I am not

confident that the current owner has control of the site. I have briefed Councilmember

Yang. There is no code compliance report yet. It was requested last week. The

Department of Safety and Inspections is expediting it, and I expect it will be here next

week. Based on that, along with the engineering analysis, I think I can give you a

better report. I think the bank may have better information, also. I don't think

prospects are good, but I wouldn't rule it out. There are testifiers today as well as a

good amount of testimony in the record.

Council President Brendmoen: It sounds like there are lots of concerns here, but you

did get some stuff in your inbox today. I know Councilmember Yang also wants to be

present for this final vote and has concerns. Maybe a one week layover would give that

time to review the new materials and for Yang to be here.

Kristina Kaluza: I am agreement with what was just said. I heard from the building

inspector that he is hoping to get there on Monday. Hopefully the report will be ready by

next Wednesday. The owner has put down the performance deposit. Since this is

bank-owned, there are financial resources available for demolition or repair, once we

review the two reports. The bank is also soliciting bids to make a determination on

that.

Brendmoen: We are looking at a one week layover and it sounds like you are in

support of that.

Kaluza: Yes. Once a recommendation is made, will we have a chance to respond to

that?

Brendmoen: We will keep the public hearing open so you can get a chance to speak

next week.

Hanna Getachew-Kreusser: Darius Husain and I have a number of concerns and some

possible solutions. We would like to potentially use this space.

Darius Husain: We just wanted the Council to be aware that there is a grades 9-12

charter school on the other side of the fence from this property. We have been dealing

with this nuisance for a long time. Having this right next to our students has been

difficult. Right next to the property is a garden space with crops, an outdoor classroom,

and a memorial space. It is our hope that the Council continues the pressure to ensure

a positive outcome for this space. In the last week, we are encouraged by activity the

bank has done since they became aware of everything happening. We know this is

privately owned, but we would like to help develop the land if the property is to be

demolished. We would like to use it to expand the school and/or the health clinic if it is

not rehabilitated.

Brendmoen: It sounds like this could go one way or the other.

Councilmember Prince moved to continue the public hearing for one week.

Public hearing continued to August 9, 2023

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

LEGISLATIVE HEARING CONSENT AGENDA

Items listed under the Consent Agenda will receive a combined public hearing and be

enacted by one motion with no separate discussion. Items may be removed from the

Consent Agenda for a separate public hearing and discussion if desired.

Approval of the Consent Agenda

Councilmember Balenger moved approval.

Legislative Hearing Consent Agenda adopted as amended

5 -

Yea:

Councilmember Brendmoen, Councilmember Tolbert, Councilmember

Prince, Councilmember Jalali and Councilmember Balenger

Nay:

2 - Councilmember Noecker and Councilmember Yang

Absent:

Appeal of Sarah Vaile, SMRLS, o/b/o tenant Elizabeth Mekonine to a Notice of

Condemnation and Order to Vacate at 1133 ARUNDEL STREET.

RLH VO 23-31

RLH TA 23-241

RLH RR 23-42

Adopted

Deleting the Appealed Special Tax Assessment for property at 241-243

AURORA AVENUE. (File No. J2323A, Assessment No. 238530)

Adopted

First Making finding on the appealed substantial abatement ordered for 1501

CLARENCE STREET in Council File RLH RR 22-57. (Refer to August 8,

2023 Legislative Hearing)

Referred to August 8, 2023 Legislative Hearing

Ratifying the Appealed Special Tax Assessment for property at 16 DOUGLAS

STREET. (File No. J2322A, Assessment No. 238528)

RLH TA 23-247

RLH FCO 23-60

Adopted

Appeal of Linda Kohl and Nick Geng for Bigos Management/On the Park

condos to a Correction Order at 380 JACKSON STREET, aka 198 SIXTH

STREET EAST (previous File ID RLH FCO 23-28)

Public hearing continued to August 9, 2023

Ratifying the Appealed Special Tax Assessment for property at 550

RLH TA 23-245

MINNEHAHA AVENUE WEST. (File No. J2322A, Assessment No. 238528)

Adopted

Appeal of Boon Lor to a Vacant Building Registration Requirement at 1811

MONTANA AVENUE EAST.

Adopted

Ratifying the Appealed Special Tax Assessment for property at 570

PORTLAND AVENUE. (File No. J2322A, Assessment No. 238528)

Adopted

Ratifying the Appealed Special Tax Assessment for property at 576

PORTLAND AVENUE. (File No. J2322A, Assessment No. 238528)

Adopted

Ordering the rehabilitation or razing and removal of the structures at 455

ROBERT STREET SOUTH within fifteen (15) days after the August 2, 2023,

City Council Public Hearing. (Refers back to August 8, 2023 Legislative

Hearing)

Referred to August 8, 2023 Legislative Hearing

Appeal of Joseph Zimlich, Jr. to a Correction Notice at 880 ROSE AVENUE

EAST.

RLH CO 23-7

RLH RR 23-24

Adopted

First Making finding on the appealed substantial abatement ordered for 694

SHERBURNE AVENUE in Council File RLH RR 22-19. (Amend: nuisance is

abated)

Adopted as amended (nuisance abated)

Appeal of Geruth Buetow to a Rent Stabilization Determination at 250 SIXTH

STREET EAST, Apt. 608.

RLH RSA 23-8

RLH VBR 23-42

RLH VO 23-29

Adopted

Appeal of Atnafu Yeshidagne to a Vacant Building Registration Requirement at

506 and 510 SNELLING AVENUE NORTH.

Adopted

Appeal of Kamil Roowala and Muhammad Jiwa to a Revocation of Fire

Certificate of Occupancy and Order to Vacate at 1351 THIRD STREET

EAST.

Adopted

Amending Council File RLH AR 23-41 to reduce the assessment for Property

Clean Up services during January 18 to 30, 2023 at 931 and 933 UNIVERSITY

AVENUE WEST. (File No. J2318A, Assessment No. 238518)

RLH TA 23-290

Adopted

Ratifying the assessments for Property Clean Up services during March 14 to

31, 2023 (File No. J2322A, Assessment No. 238528).

RLH AR 23-55

Adopted

Ratifying the assessments for Property Clean Up services during April 5 to 13,

2023 (File No. J2323A, Assessment No. 238530).

RLH AR 23-56

Adopted

ADJOURNMENT

Meeting ended at 4:56 PM

City Council meetings are open for in person attendance, but the public may also

comment on public hearing items in writing or via voicemail. Any comments and

materials submitted by 12:00 pm of the day before the meeting will be attached to the

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The public may comment on public hearing items in writing or via voicemail. Any

comments and materials submitted by 12:00 pm of the day before the meeting will be

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Written public comment on public hearing items can be submitted to

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